The Sun. — London, England, 1810-01-06 00:00:00

Dtiit ►ncur ed to )ss, cf .rictag rztces I the, :he! I tic. tie to , nor pre- DCCS shag as it does ne- rring Neel; arse. ever, IPPIY the Neen mceti part n] to be-- larg- sty 's t be t the hich is to )osal TOM ai— r], I lat tre ated ada. 312 C., 1 is BC* pon ring ree fad. ion. was VOtl, S O. So Iced ruc by say cca- you pbn ,blic The Hon. Robert Smith, &c. • Augereau's Proclamation to the Catalonians. ica- it MR: JACKSON TO MR. SMITH. of Ned The HOR. Robert Smith, &c. In ':al, of ado . 1 WithiSkit minutely . calculeting w . hit may be tlie Degree of pressere felt, at Paris by the difference 'in he price of soods,. whether landed at Havre or at itniburgh; I will in my turn, appeitl to yourjudg, ent, Sir, whether it be 'not a strong and solid e aten, worthy to guide the councils of a great and werful Monarch, to set bounds to that spirit- a n croachment and universal dominion which would ,end all things to its own stand= ?- Is it no , '"lg, in the present state of the world, wben.the :gents of France authoritatively announce to' their nttims " that Europe is submitting and surrender ing by degrees,"- that the .world should know that t here is a - nation which,'-by that Divinegoodness so , /t rongly appealed to in the paper to which I allude*, IS e nabled to falsify the assertion ? ls it not itn 7 1 5 ° 1 1ant, at such a moment, that Europe and Ame a should be convinced, that, from whatever tlc° .untriea honourable and manly resistance to such 4 spiri t may have been banish e d, it' wilystill be r ' l end in the Sovereign of the British nation, and in th e hearts of his subjects ? - . 4 5 to the precautions taken in England to. insure ft-U nited injury upon this occasion the citizens of the nited States, and which appear to you to be even i .'et insufficient, I am confident that in every doubt -1:11 case the usual liberality cif our tribunals will be . erci,sed in- determining upon the circurnstances of it_ _ __ _ `; and it was at Mr. llinckney's express requisi ft, that additional instruCtions were given . to the ~. qnmenders of his Majesty's ships of war and pd.-, ateers to extend to vessels trading to the Colonies, lantations, and settlements of Holland, the same ltnption - from - capture and •molestzttion as. was ! re • anted to vessels sailing for - any of the ports 'of olland. . On the subje& of return cargoes from thoSe ports, • r 9 ust observe, that although' it was intended to :•,_ vent as far ;is was by the inconyeniencies ."cely to be created by 'the unauthorised agreement t nade-here in April last, yet it was not, and _Could ?lot be intended to obviate all possible inconve? 11 Wncies . , eV4II such as inight have arisen if no - such lagreement had ever - been made. If an. American vessel had sailed horn America iar tiollaird in time of profound peace ) or in tirpe '' ll* War; the ports of Holland not being at the date of. sailing under blockade, it might yet have hap pteined char, in the period between the commence :•ini of such voyage and the arrival of the vessel at _ _ . . _ . le port of destin - ation,a-blockade inigla have been ' e stablished before that• port. The vessel arriving in 'that case, have been warned nct to enter k e h • •- i • port; and would have beep , turnedaway, with g ie - IoSS 'of whole object of the voyage. This Would be no 'extraordinary hardship, and would a fford no legitimate ground of complaint. The Order in Council is far lessstrict' than such a Vocicade would be, for as' much as it provides fir brioinal voyage, commenced in expectatian of admittedtug to the port of destination, by •Jier !Thtting the:entry into the ports of Holland and it Is no just ground of that it does not super , tp that permission the liberty to re-export a ergo Of the enemy's goods or produce. beg leave brieflyto recapitulate the substance of whh't I have had the honour to convey to yOu, as Veil in a verbal as in wiiiten cornmuuleatiinjs. haVe infornied you of the reasons of 'his Alajes radisavowal of the a.ereenient go,often mentioned ; have shewn• thern, iii obedience to the authority :'!'hich you have quoted, to be both strong - And 0; and - such as to outweigh; iu thejth:garent of 413 Majesty's Government,. every . otberconsidera 'o4 Which y o u have contemplated. i have shewn ' fl at that agreement was not concluded in virtue of 4 full power, and. that theinstruttions given on 'the ‘)eaasion were violated. Beyond this point Of explanation, which was sup )osed to have been att,tined, : but which is nbw tiven, by Me present letter, in tht.fol-ni understood 10 be the most agreeable to the American Govern tnent, thy inStruations are prospettive ; they look to ttlbstituung tor notions of good understanding, erto eously entertained; praaical stipulations, on which real reconciliation of all differences may be sub kahtially founded; and they authorise me, not to renew proposals which have already been declared 41 ,ere to be unacceptable, but to receive and discuss 44 Y proposal made on the part of the United States, 4 rld eventaay to conclude a Convention between the I wo countries. It is not, of course, intended to call UPon me to state, as a preliminary- to neg - ociation ; What is the whole extent of those instruaionss.they must, a s I have before 'said, remain subject to my 13 wn discretion, until enabled lb apply.. them to th e overtures which I May have the honout teceiving from you. I have the honour to be, with great respe&; Sir, your most obedient humble Servant, F. J. JACICSON. Washington, Ott. 27, iSog. S/R,—Finding, by your letter of the 17th inst. that notwithstanding the frequent statements made 12 Yme in our conferences of the terms of satistadion ''Bich I am now empowered to offer to this country for the unauthorised attack made by one of his 'Ma 3es,jos s hips of war upon the frigate of the United states, the Chesapeake, I have not had the good fqrtune to make myself distinaly understood by You, I have the honour to inclose herewith a paper aI memoranda, containing the conditions on'the bzis: s of which I am ready to proceed to draw up kith you the necessary official documents, =in the lorm proposed in my letter of the 11th instant, 13 r in any other form upon which we may here after agree. have the honour to be, with great'respeCi, sir, your most obedient humble Servant, F. J. JACKSON. The President's Proclamation of July 3807, pro- hibilincr to British ships of war the entrance into the harbours of the United States, having been an hulled, his Majesty is willing to restore the seamen taken out of the Chesapeake, on reserving to him 'elf a right of claim in a regular way, by application to the American Government, of the discharge o f 44;11 of them (if any) as shall be prove) to be either 11 ;jtiiral-born subjecis of his Majesty, or deserters 'rt4ni hi; Majesty's service. r . Flit Majesty is willing t o :lake a provision for the ' ,l iolje s of such - rad) as were slain on board the :Chscipeeake, in conseq'tiellce of the unauthorised at tack upOn that frigate, provided that such bounty ,shall not he extended to the family of SO man' who shall have been either a natural-born subje& of his Majesty, or a•deserftir Ervin his Majesty's service. MR. SMITH TO MR. JACKSON► Department of State, Nov. a, ISc9. Sta,— , -Your letter of the 23d ult. which was duly received, would have been sooner acknowledged, had I not by sickness been rendered for several days utterly unfit for business. Although the. delay and the apparent relueance in -specifying the grounds of the disavowal of the arrangement with respea to the Qrders in Council, do- not correspond with the course of proceeding deemed most becoming the occasion ;.yet as the ex planation has at length been thus made, it only, re mains, as to that part 'of, the disavowed arrarlge ment, to regret that such con - siderations should have been alloweLi to outweigh the solid objection to the disavowal; it -being understood at, the same time ; that his ,Britannic Majesty perseveres in requiring, as indispensable conditions on the part of the United States, an entire relinquishment of the right to trade with „cneniies' colonies, and also permission to the British nary to aid in executing a law of Congress ; pretensions which cannot but render abortive all pro posals whatever upon this subject, •wh4ll,er made by the United States or by his Britannic Majesty. • Whilst you have deemed it proper to otter an ex planation with , respect to the disav o wal of on e p ar t of the arrangement; I must remind you that there is not to be found in your letter ariY specifica tion of the reasons for the disavowal, nor particu larly is it shown that instructions were viblated, as to the other part, viz. the case of the Chesapehke— the case in which, in an,especial manner, an expla nation Was required, and in which only you pro fessed to have authority t 6 trale to this Government any oveftures. For the first time it is now disclosed ) that the subt• jells arranged with this Government by your pre= decessor, are held .not to be, within the authority of a Minister Plenipotentiary, and that not having had. a " full. power distind from that, authority, his transadions on those subjeols might of right be dis avowed by his Government." This disclosure,. so contrary to every antecedent supposition and just in ference, gives a new aspect to this business. It the authority of yoUr predecessor did not ,embrace the subjeds in (inestion, so aslo bind his bovernment, it necessarily follows, that the only credentials yet presented by you, being the same as those presented . by him, give you no a u t h or i t y to bi n d i t , an d t h at the .exhibition of a " full power"-for that purpose, such as you doubtless are, furnished with, is become an indispensable preliminary to further negociation ;. or to speak. more strictly, was rvquired in the first instance by _the view of the matter itow disclused by you. Negociation without this preliminary viou7d not only be a departure from the principle of equa= lity, which is the essential basis of it, but would Moreover be a disregard of the precautions and of the ,sdi-respeet enjoined on the attention of the United States by the circumstances which -have hitherto taken place. . , I need scarcely add, that in the full power Alluded to, 'as a preliminary to negociation, 13 not inttncied to be included tither' the whole extent or any paTt of your inslruaions for the exercise of , it. These, Of course, as you have justly remarked,' remain sub jett to your own discretion. Labstain, Sir, from making any particular ani , madV - ersions an several irrelevant and improper allu siotfS itt your letter, not at all comporrivg with the protesSeddisposition to adjust in an amicable manner the differences unhappily subsisting bctween the two countries. 'But it would be improper to con clude the few t blervations to which, 1 purposely lumt myself, without adverting to your repetition of a language implying a Kttowledae on the part of this Government that the instrudions of your predeces sordid not authorise the arrangement formed by hint: After the explicit and peremptory assevera tion that this Government had no such, knowledge, and that with such a knowledge no such arrange ment would have been entered itto, the view which you have, again presented of the subjc6l, makes" it my.duty. to apprize you, that such insinuations are inadmissible in the intercourse of a foreign Mini ster with a Government that understands what it owes to itself., I have the hononi to be, &c. (Signed) R. - The lion. F. j, jacksoii, MR. JACKSpN TO MR. SMITH. WashinAtozl, Nov. 4, !sc9. Strt, , When I forwarded to my Court let ter of the 19th ultimo, and the answer which I te turned to it, I imagined, rigid I may add, I hoped, that the retrospo6tive correspondence, into which you thought it necessary to enter with me, had been clo'se'd. You will, ho dottni, recollect with what teludance I •acquiesced 'in your intimation an this head ; not, as I believe has been seen, from any difficulty in maintaining the justice of the cause which is , entrusted to Me, but becaus e I was an d still am of opinion, that this sort of correspondence is not calculated to remove differences and soothe iintationg of the most unfortunate tendency. As, however, I had no choice but to renounce, forthe present, the hope of effe&uating this desirable ob jet, or_ to pursue 'it in the manner prescribed in your letter of the 9th ult. so I am now unwillingly 'compelled to enter 'upon the consideration of ano ther letter from you, under date of the Ist instant, which but toe strongly confirms the opinion I before entertained. Since, Sir, it has been judged expedient to con fine to a written 'form this important and interest ing discussion ; since that mode has been declared by you to be indispensable, I will first appeal to the written communications which have passed between us;, and I do this with the greater satifaetion, be cause I Consider it to be the chief cause of the pre sent remarkable state of things, that in speaking of engagements contracted, or supposed to bare been contraated, between the two countries, understand ings or implied engagements have been allowed to take place of w:itten compaas, and have beet) con sidered, in some instances, as having the same vali-• dity. It is furthermore necessary to place in, the 'most unequivocal light a topic, which I observe to be const4ntly and prominently re-stated in your letters, notwithstanding the repeated, but as it should .senn;:fruitle-5,5 eodovotrs used in tiiine to dear it from gie slightest shadow of - obsciaity. \Too say " t'4at it is understood that his Britannic Majesty perseveres in requiring, 9! iodispensable.con iditioni on the 'part of the United States, an entire , relinquishment of the right . to trade with the enemies' colonies, and a l so a per Mission to - the British Navy to aid. in executing a law of Con gress." _ This same statement is contained in your letter of the _9,th nit. acid represented as the substance of what had fallen from me our previous conferences.— In my answer to thit letter, I took the liberty. of strewing that such a supposition was erroneous; and I have looked in vain to my letter of the fiJd, to find in it any suggestion Of a similar tenor. h be lieve, therefore, that by reference to my two letters, you will find that the statement now again brought forward is contained in neither of them ; that it made no part of my previous conversations with you ; and that' I have in no way given room to suppose that I ever made any such statement at ail. That before the Orders in Council can,be revoked, their objeal must b,e obtained in :some other Way, is unquestionably true; but you may be assured, Sir, that there is no wish whatever entertained in Eng land, that the British navy should be employed in executing a law of Congress. If the proposal that was made upon that subje6l 3 and, made, as you. now' know, because it was believed to be ac ceptable here, had been .adopted and bad become a matter of compaa between the two countries, and thereby .a - part, not of the law of Congress, btit of the public law binding .upon both parties, and which both would have had a common intzmst in seeing duly executed ; in that case the agency of the - British navy would not have had the invidious ai peCt which. is now attempted to be given to it. At present, there is no engagement- between the two countries ; no laws of Congress which bear a refe rence.to ,any such engagement, and consequently it cannot be wished to take any share whatever in the execution of those laws.' In regard to the colonial trade, I need only ob serve, that all or nearly all the enemies' colonies.are blockaded by British squadrons it cannot there fore be so much an objea of solicitude, as you imagine, to obtain the relinquishment of the trade pf any country to those colonies. On the contrary, you will find it •stated in my letter of the 11th ult. to be a . " matter of indifference whether the Order in Council,'' : (on this subject) "be continued, or an arrangement by ' mutual consent substituted in its.roorn." When I informed you that the agreement con cluded here in April last, .had been framed in devi ation from the instruaions given for the occasion, my explanation was intended to apply to both parts .of that agreement. That nothing, required by the most scrapujous accuracy, may be wanting, I now add, that the deviation consisted in not recording in the official document signed here, the -abrogation of the ?resident's Proclamation of the 2cl July, 1807, as well as the two reserves specified in the paper of Memoranda enclosed - in my official letter to you of the 27th ult. There is another, motive for the disavowal of this part of the - arrangement, considered to be so strong and So Self-evidenCupon the very face of the trans a6tion, that I . am not commanded to do more than indicate,,it in the manner I have already done. By' this forbearance his Majesty conceives that he is giving an additional pledge of his sincere disposition to maintain a good understanding with the United States I am somewhat at a loss to give a distinct reply to that part of your letter which relates to Mr. Ers kine's authority to conclude with you in virtue of his general letter of credence, because I do not very distintitly understand the tendency .of it. I never before hear:: it doubted that a fell power was requi 7 site to enable a Minister to conclude a treaty', or that a mere general letter of • credence was insufficient for that purpose. - _ If it were otherwise, and a government were in all cases to be bound by the aft, however unautho rized, of an accredited Minister, there would be no safety in the appointment of such a Minister, and ratification Would be useless; No full power was given in the-present case, because it was not a treaty, but the materials tor forming a treaty whi c h was in contemplation: In this dispatch of the 23d of January, Mr. Se cretary Canning distinCtly says to Mr. Erskine— Upon receiving through you on the part of the American Government a distinct •aad official recog nition, of the three above-Mentioned conditions, his 'Majesty will lose no time in sending to AmeArica a Minister fully empowered to consign them to Vor trial and regular tr e aty." This Minister would, of course, hare been pro %ided with a full power; but Mr. .Brskine was to be guided by his instructions, and ,had the agreement concluded here been conformable to them, it ‘Yould, without• doubt, have been ratified by his Majesty. 1 must beg. ypur very particular attention to the cir= cumstance, that his Majesty's ratification has been withheld, not because the agreement was concluded without a full power, but because it was altogether irreconcilable to the instrudions on which it was professedly founded. The question of the full power was introduced by yourso.ll to give weight, by a quo tation from a highly respe&ed author, to your com plaint of the disavowal, in answer to which I ob serVed, that the 'quotation did not apply, as Mr. Erskine had no full power. Never did 1 imagine, or any where attempt, to rest the right of disavowal upon that circumstance ; indubitably his agreement would, nevertheless, have been ratified, had not the instructions, which in this case took the place of a full power, been violated. I am surprised at the transition, by which it ap pears to you that this part of the subject is conoetted with the authority empowering me to negociate with you., It will not, I dale say, have escaped your re colleginn that I informed you, at a very early period of our communications, that in addition to the usual credential letter, his Majesty had been pleased to invest me with a full power, under the Great Seal of his kingdom, for the purpose of concluding a Treaty, or Convention. I well remember your testify ing your satisfaction at the circumstance ; and I have now only to add, that I am ready, whenever it s'Os your convenience, to exchange my full power ogainst that with which you shall be provided, for the \ progress of our negociation. I am concerned, Sir, to be obliged a second time to appeal to those principles of public law, under the .3arletioll at d proteCtion of which I was sent to this country. , Where there is not freedom Of co!ntnuni,- 'cation in the form substituted for the more usual one of verbal discussion, there can be_litile.4eful inter course between Ministers; and one, az least, of the epithets which you thought proper to applyto last letter, is such as necessarily abridges. that fieedom. That any thing therein contained may be irrelevant. to the-sabjed it is of course competent ingot} to en ! .. ,deavour to spew ; and gs .far as you succeed in so doing, in so far will my argument lose of its validity ; but as to the propriety, otiniy allucions, you must al low me to acknowledge only the, decision of my Own Sovereign, whose command, I obey, and to whom alone I can consider . myself responsible. Beyoiul this, it suffices that I do riot detinte (tom the respect due ro the,GOvernrnent to which I am accredited.' You will find that in my correspondence with pm, l have carefully avoided drawing conclusions, that did not necessarily fallow from the premises advanced by rue, and least of all should I think of utterin an insinuation, wher e I was .una bl e to subitantiate a fact. To fads, such as I have becoMc acquainted with .theit i I have sciupulously adhered ; and in so doing, I nmst continue, whenever the good faith of his Majesty's Governinent is cr:lled in question, to vindicate its honour and dignity, in the ma.iner that appears to me best calculated 114 t pUrpose. I have the Iltinour to be, With great respeti, Sir, Your" moat obedient humble Servant; F. J. JAchsON. The Hon. R. Smith, &c. &c &c. , Min.,......P. MR. SMITH TO MR. JACXSON. SIR, Department of State, Nov. .g; test. In my letter of the toll], Wt. I sti:ted to you the declaration in your letter of the 1 ith that the die. patch " filan Mr. Canning to Mr. Erskine of .the 23d of January, was the only dispatch by which the conditions were 'prescribed to Mr. Erskine, for the conclusion of an arrangement on the matter to which it related, was then fbr the first time Made to this Government." And was added, that if th a t had been•communiCated at the time of the arrange ment, or if it bad been known that the propositions contained in it were the only ones on which he was authorised to make an arrangement, the al . atige. ment would not have been made. In my letter of the St inst. adverting to the re petition in your letter of the tad ult. of a language implying a knowledge in this. Government that the instructions of your predecessor did not authorize the arrangement formed by him, an intimation was distinally given to you, that after the explicit and pe remptory. asseveration that this Government had not any such knowledge, and that with such a kinow ledge, such an amingement would not' have been made, no such insinuation could be admitted by this Government. Finding that in your reply of the 4th inst. you have used a language which cannot be understood but as reiterating, and eVen aggravating the same gross insinuation, it only remains, in. order to pre chide opportunities which are thus abused, to in form you, that no further •communicatioris. will be received from you, and' that the necessity of this,de termination witl,l wiihunt delay, be made known, to your Government. In the mean time a ready attemion will be given to any communications affecting gma inn rests of the nations, through any other channel, tha; may be substituted. _ I have the honour to be, &c. (Signed) K. SMITH: The Hon. Francis lames Jackson, &c. &c. Mr. Oakley is desired by Mr. Jackson to Say to the Secretary of State : " That Mr. Jackson has seen with much regret, that fiats, which it has been his duty to state in his official correspondence, have been deemed' by the American Government ro„afford a sufficient motive for breaking off an important negociation, and for putting an end to all communication whatever with the Minister charged by his Sovereign with that ne gociation, so interesting to both nations, and on one point of which an answer has not even been returned to an official and written overture. " One of the faas alluded to has been admitted by the Secretary .of State himself in his letter of the 19th that the thtee conditions forming the substance of Mr. Erskine's original insu - udion were submitted to him by that Gentlen.E:n. The other viz. that that instruaion is the onlyl one in which the- conditions were prescribed to Mr. Erskine for the conclu3ion of an arrangement on the matter -to which it related, is ktioW'n . to Mr. Jacks o n by t h e instructions which he ba4rhirnself received. Instating these taCts,andria adhering to them, as his duty imperiously enjoined him to do, Mr. Jack son could not imagine that offence would be taken at it by 'lrt-r Atuenca'n Government, as must cer tainly bone could be intende:! r 24 -1; *out since he has Teen informed by the Seci•,-tary of Staty thai no farther communications will be received 1;rom him, he conceives that he has rya alternative that is consistent v. ith what is due to the King's dianitv_ but to: withdraw ahogether from the seat of the American Government, and wait the arrival of his Majesty's commands upon the unlooked-for turn which has thus been given to his arfaiis in this country. Mr. Jackson means to make New York the place of his residence. Washington, Nov. 13, 1 809. The investigation which is taking place under the ' auspices of the Treasurer of the Navy, as to the best mode of distributing prize -money, that those shares may be promptlyrealizedio our gallant tars, has given universal satisfaction to the Country, particularly at the out-ports. It embraces every man,' from the highest to the lowest in the Navy ; and from what has already occurred in the inquiry, it will prove highly beneficial to the service, and of (Treat advan tage to the Nation. We are happy to find that Mr. ROSE has undertaken the arduous task, to which he is so thoroughly competent, as a Gentleman of bu siness, and from whose knowledge and experience we anticipate the most favourable results. Yesterday evening between seven and eight. o'clock, a person of respealable appearance, dreised in a blue coat, knocked at the door of Mr. Swaltow, in Tavistock-plade, Russel-square, to inquire about Some wine, which he said was ordered, and while the servant went,' up stairs to make the proper in quiry, he stole out of the parlour a tea Caddy and other effeas to the' amount of about nine guineas, with which he escaped andeteaed. \'‘--